Sheikh Nasrullah & Ors vs Sho Women'S Police Station
2022 Latest Caselaw 1400 j&K/2

                                                            Sr. No.18
                                                            Advance List

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT SRINAGAR



                         CRM(M) No.23/2021



SHEIKH NASRULLAH & ORS.                         ... PETITIONER(S)
            Through: -   Mr. Bilal Ahmad Malla, Advocate.


Vs.

SHO WOMEN'S POLICE STATION
RAMBAGH SRINAGAR                                 ...RESPONDENT(S)
            Through: -   Mr. Sajad Ashraf, GA


CORAM:      HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                            JUDGMENT(ORAL)

30.08.2022

1) Instant petition has been filed by the petitioners seeking

quashment of FIR No.05/2019 for offences under Section 498-A and 307

RPC registered with Women's Police Station, Rambagh Srinagar.

2) As per the contents of the impugned FIR, marriage between

petitioner No.1 and petitioner No.2 (the complainant) had taken place in

the month of August, 2017. It is alleged in the impugned FIR that after

the marriage, the complainant was subjected to mental and physical

torture by her in-laws and on 08.11.2017, her husband and her in-laws

attempted to murder her. On the basis of this report, the impugned FIR

was lodged and investigation was set into motion. During the course of

investigation, the offence under Section 498-A RPC was found

CrlM No.1027/2021

established against the accused whereas offence under Section 307 RPC

was not established.

3) It seems that during pendency of the aforesaid proceedings, a

compromise has been arrived at between the parties on 21.02.2020 and

as per the said compromise, the parties i.e., complainant and the accused

have settled their disputes amicably. It is stated in the compromise deed

dated 21.02.2020 that the complainant i.e., petitioner No.2 herein, has no

grievance against the accused/petitioners No.1 and 3 to 7 herein and that

she does not want to pursue the criminal case. The complainant has also

made a statement before the Registrar Judicial today on 30.08.2022,

wherein she has admitted the aforesaid position.

4) The petitioners have contended that so far as the case arising out

of FIR No.05/2019 for offences under Section 498-A RPC, is concerned,

the same could not be compounded because the offence disclosed therein

i.e., offence under Section 498-A RPC, is non-compoundable in nature.

It is in these circumstances that the petitioners have approached this

Court for seeking quashment of the aforesaid charge sheet.

5) I have heard learned counsel for the parties and perused the record

of the case.

6) So far as the facts alleged in the petition, particularly those

pertaining to the compromise arrived at between the, are concerned, the

same are not disputed. In the backdrop of aforesaid facts, the question

arises as to whether this Court has power to quash the proceedings,

CrlM No.1027/2021

particularly when the offence alleged to have been committed by

petitioners is non-compoundable in nature.

7) It is a settled law that the offences arising out of matrimony

relating to dowry or the family disputes where the wrong is basically

private or personal in nature and the parties have resolved their entire

dispute, the High Court will be within its jurisdiction to quash the

criminal proceedings if it is shown that because of the compromise

arrived at between the parties, there is remote possibility of securing

conviction of the accused. It would amount to extreme injustice if despite

settlement having been arrived at by the parties, the criminal proceedings

are allowed to continue. In my aforesaid view, I am fortified by the

judgments of the Supreme Court in the cases of Gian Singh. v. State of

Punjab & another,(2012) 10 SCC 303 and Narinder Singh & Ors. Vs.

State of Punjab & anr, (2014) 6 SCC 466.

8) Adverting to the facts of the instant case, it is clear that the parties

to the matrimonial dispute i.e., the petitioner No.1 and the complainant

(petitioner No.2 herein), have entered into a compromise and that

compromise has also been acted upon by the parties, inasmuch as the

parties are living separately after dissolution of their marriage in terms

of the compromise and petitioner No.2 has also withdrawn the

proceedings filed by her against her husband before different courts.

Merely because the offence alleged in the challan is non-compoundable

in nature, if an end is not put to the criminal proceedings, it would

amount to grave injustice to the petitioners and, in fact, it will amount to

CrlM No.1027/2021

frittering away of the fruits of compromise that has been arrived at

between the parties. The continuance of criminal proceedings against the

petitioners, in these circumstances, will be nothing but an abuse of

process of law.

9) Taking conspectus of the aforesaid discussion, the petition is

allowed and the charge sheet/challan arising out of FIR No.05/2019 for

offences under Section 498-A RPC registered with Women's Police

Station, Rambagh Srinagar, and the proceedings emanating therefrom,

as against the petitioners, are quashed.

10)     The petition is disposed of in above terms.


11)     A copy of this order be sent to the trial court for information.



                                                       (Sanjay Dhar)
                                                            Judge
Srinagar
30.08.2022
"Bhat Altaf, PS"

                   Whether the order is speaking:      Yes/No
                   Whether the order is reportable:    Yes/No